2005 Wisconsin Act 25

25,2429m Section 2429m. 613.03 (4) of the statutes is amended to read:

613.03 (4) Mandatory health insurance risk-sharing plan Health Insurance Risk-Sharing Plan. Service insurance corporations organized or operating under this chapter are subject to the requirements that apply to insurers and insurance under ch. 149.

25,2429p Section 2429p. 631.20 (2) (f) of the statutes is created to read:

631.20 (2) (f) In the case of a policy form under ch. 149, that the benefit design is not comparable to a typical individual health insurance policy offered in the private sector market in this state.

25,2429r Section 2429r. 632.785 (title) of the statutes is amended to read:

632.785 (title) Notice of mandatory risk-sharing plan Health Insurance Risk-Sharing Plan.

25,2438 Section 2438. 757.05 (1) (title) of the statutes is amended to read:

757.05 (1) (title) Levy of penalty assessment surcharge.

25,2439 Section 2439. 757.05 (1) (a) of the statutes is amended to read:

757.05 (1) (a) Whenever a court imposes a fine or forfeiture for a violation of state law or for a violation of a municipal or county ordinance except for a violation of s. 101.123 (2) (a), (am) 1., (ar), (bm), (br), or (bv) or (5), or for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a violation of state laws or municipal or county ordinances involving nonmoving traffic violations or safety belt use violations under s. 347.48 (2m), there shall be imposed in addition a penalty surcharge under ch. 814 in an amount of 24% 25% of the fine or forfeiture imposed. If multiple offenses are involved, the penalty surcharge shall be based upon the total fine or forfeiture for all offenses. When a fine or forfeiture is suspended in whole or in part, the penalty surcharge shall be reduced in proportion to the suspension.

25,2440g Section 2440g. 757.05 (2) (a) of the statutes is renumbered 757.05 (2) and amended to read:

757.05 (2) Law enforcement training fund. Forty-eight percent of all All moneys collected from penalty surcharges under sub. (1) shall be credited to the appropriation account under s. 20.455 (2) (i) and utilized in accordance with ss. 20.455 (2) and 165.85 (5). The moneys credited to the appropriation account under s. 20.455 (2) (i), except for the moneys transferred to s. 20.455 (2) (jb), 20.455 (2) (j) and (ja) constitute the law enforcement training fund.

25,2440r Section 2440r. 757.05 (2) (b) of the statutes is repealed.

25,2441 Section 2441. 767.078 (1) (a) 2. of the statutes is amended to read:

767.078 (1) (a) 2. The child's right to support is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b.

25,2442 Section 2442. 767.29 (1m) (c) of the statutes is amended to read:

767.29 (1m) (c) The party entitled to the support or maintenance money or a minor child of the party has applied for or is receiving aid to families with dependent children aid under s. 46.261 or public assistance under ch. 49 and there is an assignment to the state under s. 46.261 (3) or 49.19 (4) (h) 1. b. of the party's right to the support or maintenance money.

25,2443 Section 2443. 767.29 (2) of the statutes is amended to read:

767.29 (2) If any party entitled to maintenance payments or support money, or both, is receiving public assistance under ch. 49, the party may assign the party's right thereto to the county department under s. 46.215, 46.22, or 46.23 granting such assistance. Such assignment shall be approved by order of the court granting the maintenance payments or support money, and may be terminated in like manner; except that it shall not be terminated in cases where there is any delinquency in the amount of maintenance payments and support money previously ordered or adjudged to be paid to the assignee without the written consent of the assignee or upon notice to the assignee and hearing. When an assignment of maintenance payments or support money, or both, has been approved by the order, the assignee shall be deemed a real party in interest within s. 803.01 but solely for the purpose of securing payment of unpaid maintenance payments or support money adjudged or ordered to be paid, by participating in proceedings to secure the payment thereof. Notwithstanding assignment under this subsection, and without further order of the court, the department or its designee, upon receiving notice that a party or a minor child of the parties is receiving aid under s. 46.261 or public assistance under ch. 49 or that a kinship care relative or long-term kinship care relative of the minor child is receiving kinship care payments or long-term kinship care payments for the minor child, shall forward all support assigned under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19) to the assignee under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., 49.19 (4) (h) 1., or 49.45 (19).

25,2444 Section 2444. 767.29 (4) of the statutes is amended to read:

767.29 (4) If an order or judgment providing for the support of one or more children not receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19 includes support for a minor who is the beneficiary of aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, any support payment made under the order or judgment is assigned to the state under s. 46.261 (3), 48.57 (3m) (b) 2. or (3n) (b) 2., or 49.19 (4) (h) 1. b. in the amount that is the proportionate share of the minor receiving aid under s. 46.261, 48.57 (3m) or (3n), or 49.19, except as otherwise ordered by the court on the motion of a party.

25,2448m Section 2448m. 814.66 (1) (h) 1. of the statutes is amended to read:

814.66 (1) (h) 1. Except as provided in subd. 2., for copies, certified or otherwise, of records or other papers in the custody and charge of registers in probate, or for the comparison and attestation of copies not provided by the registers, $1 $1.25 per page.

25,2449m Section 2449m. 814.75 (11) of the statutes is created to read:

814.75 (11) The drug offender diversion surcharge under s. 973.043.

25,2450b Section 2450b. 814.76 (9) of the statutes is created to read:

814.76 (9) The drug offender diversion surcharge under s. 973.043.

25,2450d Section 2450d. 814.77 (3m) of the statutes is created to read:

814.77 (3m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450g Section 2450g. 814.78 (4m) of the statutes is created to read:

814.78 (4m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450m Section 2450m. 814.79 (3m) of the statutes is created to read:

814.79 (3m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2450r Section 2450r. 814.80 (4m) of the statutes is created to read:

814.80 (4m) The crime victim and witness assistance surcharge under s. 973.045 (1m).

25,2451 Section 2451. 814.86 (1) of the statutes is amended to read:

814.86 (1) Except for an action for a first violation of s. 23.33 (4c) (a) 2., 30.681 (1) (b) 1., 346.63 (1) (b), or 350.101 (1) (b), if the person who committed the violation had a blood alcohol concentration of 0.08 or more but less than 0.1 at the time of the violation, or for a safety belt use violation under s. 347.48 (2m), the clerk of circuit court shall charge and collect a $9 $12 justice information system surcharge from any person, including any governmental unit, as defined in s. 108.02 (17), paying a fee under s. 814.61 (1) (a), (3), or (8) (am), 814.62 (1), (2), or (3) (a) or (b), or 814.63 (1). The justice information system surcharge is in addition to the surcharge listed in sub. (1m).

25,2454 Section 2454. 891.455 (4) of the statutes is amended to read:

891.455 (4) The presumption under sub. (2) for cancers caused by smoking or tobacco product use shall not apply to any municipal fire fighter who smokes cigarettes, as defined in s. 139.30 (1) (1m), or who uses a tobacco product, as defined in s. 139.75 (12), after January 1, 2001.

25,2455 Section 2455. 909.02 (4) of the statutes is amended to read:

909.02 (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with sub. (1), (2) or (3) or complying with any statute or rule adopted by the supreme court, or, with respect to records maintained under s. 343.23, certified electronically in any manner determined by the department of transportation to conform with the requirements of s. 909.01.

25,2458 Section 2458. 938.33 (4) (intro.) of the statutes is amended to read:

938.33 (4) Other out-of-home placements. (intro.) A report recommending placement in a foster home, treatment foster home, group home, or nonsecured residential care center for children and youth or, in the home of a relative other than a parent, or in the home of a guardian under s. 48.977 (2) shall be in writing, except that the report may be presented orally at the dispositional hearing if all parties consent. A report that is presented orally shall be transcribed and made a part of the court record. The report shall include all of the following:

25,2459 Section 2459. 938.345 (4) of the statutes is created to read:

938.345 (4) If the court finds that a juvenile is in need of protection or services under s. 938.13 (4), the court, instead of or in addition to any other disposition imposed under sub. (1), may place the juvenile in the home of a guardian under s. 48.977 (2).

25,2460 Section 2460. 938.57 (1) (c) of the statutes is amended to read:

938.57 (1) (c) Provide appropriate protection and services for juveniles in its care, including providing services for juveniles and their families in their own homes, placing the juveniles in licensed foster homes, licensed treatment foster homes, or licensed group homes in this state or another state within a reasonable proximity to the agency with legal custody, placing the juveniles in the homes of guardians under s. 48.977 (2), or contracting for services for them by licensed child welfare agencies or replacing them in secured correctional facilities, secured child caring institutions, or secured group homes in accordance with rules promulgated under ch. 227, except that the county department may not purchase the educational component of private day treatment programs unless the county department, the school board, as defined in s. 115.001 (7), and the state superintendent of public instruction all determine that an appropriate public education program is not available. Disputes between the county department and the school district shall be resolved by the state superintendent of public instruction.

25,2461 Section 2461. 938.57 (3) (a) 4. of the statutes is amended to read:

938.57 (3) (a) 4. Is living in a foster home, treatment foster home, group home, or, residential care center for children and youth, or subsidized guardianship home under s. 48.62 (5).

25,2462 Section 2462. 938.78 (2) (h) of the statutes is created to read:

938.78 (2) (h) Paragraph (a) does not prohibit an agency from entering the content of any record kept or information received about an individual in its care or legal custody into the statewide automated child welfare information system established under s. 46.03 (7) (g). Paragraph (a) also does not prohibit a county department under s. 46.215, 46.22, 46.23, 51.42, or 51.437, the department of health and family services, the department of corrections, or any other organization that has entered into an information sharing and access agreement with one of those county departments or departments and that has been approved for access to the statewide automated child welfare information system by the department of health and family services from having access to information concerning a client of that county department, department, or organization under this chapter or ch. 48 or 51 that is maintained in the statewide automated child welfare information system, if necessary to enable the county department, department, or organization to perform its duties under this chapter or ch. 48 or 51 or to coordinate the delivery of services under this chapter or ch. 48 or 51 to the client. Before entering any information about an individual into the statewide automated child welfare information system, the agency entering the information shall notify the individual that the information entered may be disclosed as provided in this paragraph.

25,2466 Section 2466. 944.21 (8) (b) 3. a. of the statutes is amended to read:

944.21 (8) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

25,2467 Section 2467. 948.11 (4) (b) 3. a. of the statutes is amended to read:

948.11 (4) (b) 3. a. Is a technical college, is a school approved by the educational approval board under s. 45.54 38.50 or is a school described in s. 45.54 38.50 (1) (e) 6., 7. or 8.; and

25,2467c Section 2467c. 961.41 (5) (a) of the statutes is amended to read:

961.41 (5) (a) When a court imposes a fine for a violation of this section, it shall also impose a drug abuse program improvement surcharge under ch. 814 in an amount of 50% 75 percent of the fine and penalty surcharge imposed.

25,2467d Section 2467d. 961.41 (5) (c) of the statutes is renumbered 961.41 (5) (c) 1. (intro.) and amended to read:

961.41 (5) (c) 1. (intro.) All of the following moneys collected from drug surcharges under this subsection shall be deposited by the secretary of administration in and utilized in accordance with credited to the appropriation account under s. 20.435 (6) (gb).:

25,2467g Section 2467g. 961.41 (5) (c) 1. of the statutes, as affected by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

961.41 (5) (c) 1. Two-thirds of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.435 (6) (gb).

25,2467gm Section 2467gm. 961.41 (5) (c) 1. a. of the statutes is created to read:

961.41 (5) (c) 1. a. For fiscal year 2005-06, all of the first $1,038,600 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.

25,2467h Section 2467h. 961.41 (5) (c) 1. b. of the statutes is created to read:

961.41 (5) (c) 1. b. For fiscal year 2006-07, all of the first $1,044,300 collected from drug surcharges under this subsection during that fiscal year plus two-thirds of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.

25,2467i Section 2467i. 961.41 (5) (c) 2. of the statutes is created to read:

961.41 (5) (c) 2. All of the following moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku):

a. For fiscal year 2005-06, all of the moneys collected in excess of $1,038,600 from drug surcharges under this subsection during that fiscal year until the first $1,528,600 has been collected plus one-third of all moneys collected in excess of $1,528,600 from drug surcharges under this subsection during that fiscal year.

b. For fiscal year 2006-07, all of the moneys collected in excess of $1,044,300 from drug surcharges under this subsection during that fiscal year until the first $1,534,300 has been collected plus one-third of all moneys collected in excess of $1,534,300 from drug surcharges under this subsection during that fiscal year.

25,2467k Section 2467k. 961.41 (5) (c) 2. of the statutes, as created by 2005 Wisconsin Act .... (this act), is repealed and recreated to read:

961.41 (5) (c) 2. One-third of all moneys collected from drug surcharges under this subsection shall be credited to the appropriation account under s. 20.505 (6) (ku).

25,2467m Section 2467m. 961.472 (5) of the statutes is repealed and recreated to read:

961.472 (5) The court is not required to enter an order under sub. (2) if any of the following applies:

(a) The court finds that the person is already covered by or has recently completed an assessment under this section or a substantially similar assessment.

(b) The person is participating in a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).

25,2467p Section 2467p. 967.11 of the statutes is created to read:

967.11 Alternatives to prosecution and incarceration; monitoring participants. (1) In this section, "approved substance abuse treatment program" means a substance abuse treatment program that meets the requirements of s. 16.964 (12) (c), as determined by the office of justice assistance under s. 16.964 (12) (i).

(2) If a county establishes an approved substance abuse treatment program and the program authorizes the use of surveillance and monitoring technology or day reporting programs, a court or a district attorney may require a person participating in an approved substance abuse treatment program to submit to surveillance and monitoring technology or a day reporting program as a condition of participation.

25,2467s Section 2467s. 973.032 (6) of the statutes is amended to read:

973.032 (6) Credit. Any sentence credit under s. 973.155 (1) or (1m) applies toward service of the period under sub. (3) (a) but does not apply toward service of the period under sub. (3) (b).

25,2467x Section 2467x. 973.043 of the statutes is created to read:

973.043 Drug offender diversion surcharge. (1) If a court imposes a sentence or places a person on probation for a crime under ch. 943 that was committed on or after the first day of the 3rd month beginning after the effective date of this subsection .... [revisor inserts date], the court shall impose a drug offender diversion surcharge of $10 for each conviction.

(2) After determining the amount due, the clerk of court shall collect and transmit the amount to the county treasurer under s. 59.40 (2) (m). The county treasurer shall then make payment to the secretary of administration under s. 59.25 (3) (f) 2.

(3) All moneys collected from drug offender diversion surcharges shall be credited to the appropriation account under s. 20.505 (6) (ku) and used for the purpose of making grants to counties under s. 16.964 (12).

(4) If an inmate in a state prison or a person sentenced to a state prison has not paid the drug offender diversion surcharge under this section, the department shall assess and collect the amount owed from the inmate's wages or other moneys. Any amount collected shall be transmitted to the secretary of administration.

25,2468m Section 2468m. 973.045 (1) (intro.) of the statutes is amended to read:

973.045 (1) (intro.) On or after October 1, 1983, Except as provided in sub. (1m), if a court imposes a sentence or places a person on probation, the court shall impose a crime victim and witness assistance surcharge calculated as follows:

25,2469 Section 2469. 973.045 (1) (a) of the statutes is amended to read:

973.045 (1) (a) For each misdemeanor offense or count, $50 $60.